The reform of the EU Courts (IV)
In
The European Court of Justice has regularly been accused of activism. Recently, this debate has become more acute thanks to various evolutions (Brexit being only one of them). The charge of activism has no serious basis. However, many academic comments, national judgments and sometimes Advocate Generals’ conclusions reflect a decrease in the quality of the Court’s jurisprudence. This is sometimes confused with activism. It is important to study the causes of this reduced quality and examine the different reforms necessary to correct it. They should allow the European Court of Justice to focus better on its core function in the future.
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